Husbands pension

1 Answers. Asked on Oct 16th, 2013 on Divorce - Pennsylvania
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I was married for eleven years,filed for divorce in 2001 husband never signed papers. hes been on social security disabilty for some years find out now that he is getting his pension plus the disabilty. Am i entitled to his pension if so how do i go about it.
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Answered on Oct 17th, 2013 at 3:13 PM

If the divorce was never finalized, you need to file a "Petition to Reinstate" with your local court to restart the divorce complaint. You can then raise a claim for Equitable Distribution of Property. Please note, that any assets your husband accumulated prior to your marriage or after your separation, you are not entitled to a share of those. If he earned a pension during the marriage, you will likely be entitled to a share.

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Ending a marriage is more than just an emotional process--it's also a legal process. The court must approve your "dissolution of marriage" petition, and will also rule on issues related to the division of property, alimony (also known as spousal support or maintenance), child custody and child support. A divorce or family law attorney can help guide you through the divorce process, while also negotiating with your soon-to-be ex-spouse and his or her divorce lawyer. It's important to note that ethics laws prohibit the same law firm or attorney from representing both spouses in a divorce. Even if your divorce is an amicable one, it's critical to have your own legal representation to ensure that you're treated fairly at all stages of the divorce proceeding.
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